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3. Starting Court Proceedings

Starting Court Proceedings

Once you have investigated your debtor’s assets and decided that a debt recovery case is worth pursuing, contact Farleys and we will guide you through the initial stages of debt recovery court proceedings.

Immediately following the start of county court proceedings, a claim form is issued and served to the debtor. Thereafter, the debtor has 14 days in which to acknowledge receipt of the claim form and a further 14 days to provide you with any reply or defence:

If the debtor fails to respond, a money Judgment may be granted in your favour for the amount claimed, plus any interest claimed. This Judgement is a Court Order, which officially acknowledges the fact that you are owed the debt by the debtor.

If the debtor issues a defence, they are clearly disputing the money claim. You will therefore have to fulfil a variety of requirements and directions issued by the court to prove that the debt is owed to you. This will ultimately lead to a hearing, during which a judge will make a decision regarding your debt recovery claim based on the evidence provided.

Our Fees

Farleys’ debt recovery team charge on a time spent basis, at the hourly rate appropriate to the fee earner instructed e.g. partner, solicitor or trainee. If your debtor serves a defence we will have to re-asses our fees in light of the extra work involved in making a reply to the defence, complying with court directions and attending further court hearings.